Madras High CourtCMA/2211/2014settled before the lokadalats

Amudha v. Jeya Gandhan

2018-02-02Honourable Mr Justice K. Swamidurai(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 02th day of February, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.SWAMIDURAI (Retd.) and Members Mr. K.Ramakrishnan Mr. V.Kumaravelan C.M.A.No.2211 of 2014 (Appeal against the judgment and decree passed on 03.04.2014 in M.C.O.P.No.163 of 2013 on the file of the Motor Accidents Claims Tribunal (District Judge) at Karaikal. Amudha ..Appellant / respondent Vs.

1.Jeyagandhan 2.Sivasubramanian 3.Shri Ram General Insurance Company Ltd., Represended by its Branch Manager, having office at Thirumalai Pillai Street Chennai - 600 017.

.. Respondents/ petitioners This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellants Mr.N.U.Prasanna for M/s.Sai Bharath and Ilan and the learned counsel for the respondent Mr.S.Dhakshnamoorthy and Mr.Sathish Kumar for Sri Ram General Insurance company are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.68,000/- from the date of petition till the date of deposit and costs as compensation.

It is represented by the learned counsel for the appellant / claimant that the award amount has already been deposited before the Tribunal and the same has been withdrawn by the claimant / appellant.

2. Not satisfied with the award of the Tribunal, the appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.90,000/- (Rupees Ninety Thousand only) in full quit as additional compensation.

3. The third respondent / Insurance company is directed to deposit the additional award amount within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit, the appellant / claimant is permitted to withdraw the additional award amount without filing any formal petition before the Tribunal. The award is passed accordingly.

5. The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any.

Sd/- Sd/- Amudha counsel for the Appellant Sd/- Shri Ram General Insurance Company Ltd., Represended by its Branch Manager, having office at Thirumalai Pillai Street Sd/- Chennai - 600 017.

Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu

Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (District Judge) at Karaikal.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras.

4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies C.M.A.No.2211 of 2014 GP(CO) GN(22/02/2018)